Answer given by Ms Kyriakides on behalf of the European Commission
Article 13 of the Treaty on the Functioning of the European Union, which requires full regard for the welfare requirements of animals when formulating and implementing specific EU policies, does not provide a general legal basis permitting to address all animal welfare issues.
For that reason, legislative action at EU level regarding animal welfare focuses on specific fields of EU competence such as farming, transport and slaughter. However, EU legislation does not include general rules on the welfare of animals involved in activities such as spectacles performed by professional conjurers.
In light of the above, the Commission is not considering taking initiatives in this area.
-  https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF